From 7a80ec289fc2d5f9748a9fd22882c0506af178b8 Mon Sep 17 00:00:00 2001 From: 46halbe <46halbe@berlin.ccc.de> Date: Thu, 3 Oct 2013 18:13:10 +0000 Subject: committing page revision 1 --- updates/2013/gchq.en.md | 115 ++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 115 insertions(+) create mode 100644 updates/2013/gchq.en.md (limited to 'updates/2013/gchq.en.md') diff --git a/updates/2013/gchq.en.md b/updates/2013/gchq.en.md new file mode 100644 index 00000000..dd6f1199 --- /dev/null +++ b/updates/2013/gchq.en.md @@ -0,0 +1,115 @@ +title: GCHQ to face European Court over mass surveillance +date: 2013-10-03 16:55:00 +updated: 2013-10-03 18:13:10 +author: hukl +tags: update, pressemitteilung + +Three of Britain’s most prominent campaign groups have today announced the launch of a legal challenge against the actions of GCHQ, alleging it has illegally intruded on the privacy of millions of British and European citizens. + + + +Big Brother Watch, the Open Rights Group and English PEN, together with +German internet activist Constanze Kurz, have filed papers at the +European Court of Human Rights bringing an action against the UK +Government.

 They allege that by collecting vast amounts of data +leaving or entering the UK, including the content of emails and social +media messages, the UK’s spy agency has acted illegally. + +When details recently emerged in the media about the Prism and Tempora +programmes, codenames for previously secret online surveillance +operations, it was revealed that GCHQ has the capacity to collect more +than 21 petabytes of data a day – equivalent to sending all the +information in all the books in the British Library 192 times every 24 +hours. + +The disclosures have raised serious parliamentary concerns both in +Britain and at the EU level. + +Deighton Pierce Glynn solicitors represent the applicants, instructing +Helen Mountfield QC of Matrix Chambers and Tom Hickman and Ravi Mehta of +Blackstone Chambers. + +The legal action will be funded through donations at +[www.privacynotprism.org.uk](http://www.privacynotprism.org.uk) + +**Nick Pickles**, director of Big Brother Watch, said: “The laws +governing how internet data is accessed were written when barely anyone +had broadband access and were intended to cover old fashioned copper +telephone lines. Parliament did not envisage or intend those laws to +permit scooping up details of every communication we send, including +content, so it’s absolutely right that GCHQ is held accountable in the +courts for its actions.” + +**Jim Killock**, executive director of Open Rights Group, said: “Mass +surveillance systems create risks for everyone, and place extreme +degrees of power in the hands of secret agencies. This is made worse by +the lack of democratic accountability and judicial oversight. People +living across the UK, Europe, the USA and beyond need the courts to +protect their rights and start the process of reestablishing public +trust.” + +**Jo Glanville**, Director of English PEN, said: “Privacy is now an +essential condition for freedom of expression. Following the revelations +about the extent to which GCHQ and the NSA have been harvesting our +personal data, no citizen in the UK can be confident that their +communications are private. If this legal challenge is successful then +I’m hopeful that we will secure effective protection of our rights.” + +**Constanze Kurz**, spokeswoman of the CCC, said: “I want to know, as a +European Citizen, whether the human rights convention protects me and +others like me across Europe from mass surveillance. This is a +cross-border issue, yet the British laws offer virtually no protection +to persons outside the UK from surveillance by the UK and US +Governments.” + +**Daniel Carey**, solicitor at Deighton Pierce Glynn, who are +representing the applicants, said: “We are asking the court to declare +that unrestrained surveillance of much of Europe’s internet +communications by the UK Government, and the outdated regulatory system +that has permitted this, breach our rights to privacy. This is not +something the secret investigatory powers tribunal can do. Indeed, it is +precisely the sort of case that we need the European Court of Human +Rights for. We are asking for the case to be dealt with on a priority +basis, so I am hopeful that it will be formally communicated to the UK +Government within a period of weeks. After that, the timetable will be +determined by the court.” + +The groups initially sought to bring their case in the UK domestic +courts and wrote to the UK Government on 3 July 2013 stating that a +judicial review challenge would be brought. However, the Government said +an action in the English Courts was barred and that the groups should +complain to the Investigatory Powers Tribunal, the secretive body that +hears complaints about the intelligence agencies and from which there is +no appeal to the courts. However, proceedings before the tribunal would +not permit the public examination of these important issues, nor are +they capable of providing the remedy the applicants seek: a new +legislative framework respectful of British and European citizens’ +privacy rights. + +The European Court has previously held that the IPT does not provide an +effective remedy and that it will hear complaints directly. The +applicants have therefore pursued their legal challenge in the European +Court of Human Rights. It is believed that this is the first complaint +to be made to an international court relating to the disclosures of the +Prism and Tempora programmes. + +**Notes**:

 Twitter hashtag: \#privacynotprism + +**Further information**: + +Nick Pickles, Big Brother Watch: +44 07505 448925 or 0207 3406030 / +press(at)bigbrotherwatch.org.uk + +Jo Glanville, English PEN: +44 0771 302 0971 + +Jim Killock, Open Rights Group: press(at)openrightsgroup.org / +44 +07894498127 / +44 020 7096 1079 + +Daniel Carey of Deighton Pierce Glynn solicitors on +44 0117 317 8133 / +07815 089526 / dcarey(at)dpglaw.co.uk + +Constanze Kurz, CCC: constanze(at)ccc.de + +**Links**: + + -- cgit v1.2.3